JOSEPH PHILIP Vs. VARKEY MATHAI

JUDGEMENT

(1.) THIS appeal arises from the order of the learned Subordinate Judge, ernakulam, dated 15th March 1973 rejecting the appellant's application for setting aside an award dated 19/11/1969 on the around that the application was barred by limitation.

(2.) THE appellant is the 1st respondent in Arb. O. P. No. 6 of 1970 on the file of the lower court. He and the present 3rd respondent (2nd respondent in the o. P.) were parties to the award. Present respondents 1 and 2 (the petitioners in the O. P.) were the arbitrators.

(3.) THE main objections raised by the present appellant in the lower court were that the award was a nullity because no agreement existed between the parties for a reference of any dispute to arbitrators; that there was in any case no dispute which needed a reference to arbitration; that the notice of the passing of the award was not served on the appellant; and, that the award was not filed in court in accordance with law. For these reasons the appellant requested the court below to set aside the award.